<div class="chunk-title">Sec. 16-47. - Permit.</div>
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               (a)
               
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               <span class="ital">Required.</span>
               
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               (1)
               
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               No wind energy facility, or addition of a wind turbine to an existing wind energy
               facility, shall be constructed in any location within the county including, but not
               limited to, waters within the boundaries of the county, unless a permit has been issued
               to the facility owner or operator approving construction of the facility under this
               article. Permit application of the expansion shall be based on the total rated capacity,
               including existing facility, but excluding like-kind replacements.
               
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               (2)
               
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               Any physical modification to an existing and permitted wind energy facility that materially
               alters the size and type of wind turbines by more or other equipment shall require
               a permit modification under this article. Like-kind replacements made within 90 days
               of the part of the wind energy facility needing replacement shall not require a permit
               modification. For the purpose of this subsection, the term "materially alter" means
               an alteration visible by a person of normal vision from a property line or a public
               road or an alteration having a cost greater than or equal to five percent of the assessed
               value of the wind energy facility.
               
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               (3)
               
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               Unless otherwise specified in this article, a permit for a wind energy permit shall
               be approved by the county manager or his designee.
               
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               (b)
               
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               <span class="ital">Application.</span>
               
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               (1)
               
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               The permit application shall contain the following:
               
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               a.
               
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               A narrative describing the proposed wind energy facility, including an overview of
               the project;
               
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               b.
               
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               The proposed total rated capacity of the wind energy facility;
               
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               c.
               
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               The proposed number, representative types and height or range of heights of wind turbines
               to be constructed; including their generating capacity, dimensions, respective manufacturers
               and a description of ancillary facilities;
               
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               d.
               
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               Identification and location of the properties on which the proposed wind energy facility
               will be located;
               
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               e.
               
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               A site plan showing the planned location of all wind turbines, property lines, setback
               lines, access roads and turnout locations, substations, electrical cabling from the
               wind energy facility to the substations, ancillary equipment, buildings, transmission
               and distribution lines. The site plan must also include the location of all structures
               and properties, demonstrating compliance of the setbacks;
               
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               f.
               
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               Certification of compliance with applicable local, state and federal regulations,
               such as FAA and FCC regulations;
               
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               g.
               
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               An environmental assessment for large wind energy facilities, which shall be provided
               for review by the applicant to the agency point of contact and to the state clearinghouse
               for distribution. The applicant must also present a certification of distribution
               of the environmental assessment;
               
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               h.
               
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               Other relevant information as may be reasonably requested by the county to ensure
               compliance with the requirements of this article;
               
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               i.
               
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               Decommissioning plans that describe the anticipated life of the wind power project,
               the estimated decommissioning costs in current dollars, the method for ensuring that
               funds will be available for decommissioning and restoration and the anticipated manner
               in which the wind power project will be decommissioned and the site restored;
               
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               j.
               
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               Documentation of the agreement between the participating landowner and the facility
               owner/operator of the wind energy facility; and
               
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               k.
               
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               The applicant's signature.
               
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               (2)
               
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               Throughout the permit process, the applicant shall promptly notify the county of any
               proposed changes to the information contained in the permit application that would
               alter the impact of the project.
               
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               (3)
               
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               Changes to the approved application that do not materially alter the initial site
               plan may be adopted administratively.
               
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               (c)
               
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               <span class="ital">Revocation.</span>
               
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               (1)
               
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               A permit may be revoked by the permit issuing authority (in accordance with the provisions
               of this section) if the permit recipient fails to develop or maintain the property
               in accordance with the plans submitted, the requirements of this article or any additional
               requirements lawfully imposed by the permit issuing board.
               
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               (2)
               
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               Before a variance permit may be revoked all of the notice and hearing and other requirements
               shall be complied with. The notice shall inform the permit recipient of the alleged
               grounds for the revocation. The burden of presenting evidence sufficient to authorize
               the permit issuing authority to conclude that a permit should be revoked for any of
               the reasons set forth in this section shall be upon the party advocating that position.
               The burden of persuasion shall also be upon that party. A motion to revoke a permit
               shall include, insofar as practicable, a statement of the specific reasons or the
               findings of fact that support the motion.
               
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               (3)
               
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               Before a permit (not including a variance permit) may be revoked, the county manager
               or his designee shall give the permit recipient ten days' notice of the intent to
               revoke the permit and shall inform the recipient of the alleged reasons for the revocation
               and of his right to obtain an informal hearing on the allegations. If the permit is
               revoked, the county manager or his designee shall provide to the permittee a written
               statement of the decision and the reasons therefor.
               
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               (4)
               
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               No person may continue to make use of land or buildings in the manner authorized by
               any permit after such permit has been revoked in accordance with this section.
               
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            <p class="historynote0">
               (Ord. No. 2008-10-01, arts. 4, 5, 12, 11-3-2008)
               
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